or any other human rights instrument ratified by the Respondent State. 6 In the instant matter the Applicant alleges violations of Articles 3 and 7 of the Charter which is an instrument that the Respondent State has ratified and which the Court has the power to interpret and apply in accordance with Article 3(1) of the Protocol. 27. Specifically with regard to the objection about the Court exercising criminal appellate jurisdiction, the Court recalls its established jurisprudence that it is not an appellate body with respect to decisions of national courts. 7 However, “this does not preclude it from examining relevant proceedings in the national courts in order to determine whether they are in accordance with the standards set out in the Charter or any other human rights instruments ratified by the State concerned”.8 The Court would, therefore, not be sitting as an appellate court if it were to consider the Applicant’s allegations in the present Application. 28. The Court further notes that the Respondent State’s objection concerns the claim that the Court lacks jurisdiction to quash the conviction and sentence imposed on the Applicant and to order his release from prison. In this regard, the Court recalls Article 27(1) of the Protocol which provides that “[if the Court finds that there has been violation of a human or peoples’ right, it shall make appropriate orders to remedy the violation, including the payment of fair compensation or reparation.” Therefore, the Court has jurisdiction to grant different types of reparations, including an order to annul a conviction and sentence and, to order the release of an Applicant from prison, provided that the alleged violation has been established.9 6 Diocles William v. United Republic of Tanzania (merits and reparations) (21 September 2018) 2 AfCLR 426, § 28; Armand Guéhi v. United Republic of Tanzania (merits and reparations) (7 December 2018) 2 AfCLR 477, § 33; Elisamehe v. Tanzania, ibid, § 18. 7 Ernest Francis Mtingwi v. Republic of Malawi (jurisdiction) (15 March 2013) 1 AfCLR 190, § 14. 8 Kenedy Ivan v. United Republic of Tanzania (merits and reparations) (28 March 2019) 3 AfCLR 48, § 26; Guéhi v. Tanzania, supra, § 33. 9 Rajabu Yusuph v. United Republic of Tanzania, ACtHPR, Application No. 036/2017, Ruling of 24 March 2022, § 27. 7

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